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Min 02/21/2017CITY COUNCIL MINUTES Item 1 - Call to Order Wichita Falls, Texas Memorial Auditorium Building February 21, 2017 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Stephen Santellana - Mayor Jesse Brown - Councilors DeAndra Chenault - Brian Hooker - Romeo Montez - Michael Smith - Eric West - Darron Leiker City Manager Kinley Hegglund City Attorney Tracy Norr City Clerk Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a - Invocation Pastor Casey Burt, First Baptist Church, gave the invocation. Item 2b - Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3 — Proclamation — Leadership Wichita Falls Day 8:33:16 AM Mayor Santellana read a proclamation establishing February 21, 2017 as Leadership Wichita Falls Day in Wichita Falls. He urged citizens to be involved and support the organization. CITY COUNCIL MINUTES February 21, 2017 Page 1 Larry Robinson, 5559 Huntington Lane, spoke about several ordinances that the city had adopted in the past. He said several of those ordinances need to be repealed. He said the city needs to take care of roads before annexing new territory. Margie Reese, 1005 9'h Street, thanked the city council on behalf of the Alliance for Arts and Culture and the arts community for the donation last year and the ongoing support for the arts. There were no other comments given. Item 5 - 7b - Consent Items 8:41:29 AM City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Chenault that the Consent Agenda be approved. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Smith, Hooker, Brown, Montez, West, and Chenault. Nays: None Item 5 - Approval of Minutes of the February 7, 2017 Regular Meeting of the Mayor and City Council Item 6 — Resolution #19-2017 RESOLUTION NO. 19-2017 Resolution Authorizing Award of Bid for the Purchase of Two (2) Aluminum Solid Waste Transfer Trailers to East Manufacturing Corporation, in the Amount of $138,000.00 Item 7 - Receive Minutes Minutes of the following committee were received: (a) Lake Wichita Revitalization Committee, January 10, 2017 (b) Planning and Zoning Commission, January 11, 2017 CITY COUNCIL MINUTES February 21, 2017 Page 2 Item 8a — Ordinance #05-2017 8:42:21 AM ORDINANCE 05-2017 Ordinance Amending Chapter 102, Traffic and Vehicles, by the Addition of Article III, Wireless Communication Device Use, to Prohibit the Use of Wireless Communication Devices while Operating a Motor Vehicle; Providing a Repealer Clause; Providing for Inclusion; Providing for Severability Moved by Councilor Chenault that Ordinance No. 05-2017 be passed. Motion seconded by Councilor West. Larry Robinson, 5559 Huntington Lane, said it seems the council needs to pass ordinances to justify its existence. He said the ordinance will be focused on people on the north side of town and will discriminate against those who can't afford hands-free devices. It will also focus on young people. He said phone use should be treated like drunk driving. Bryson Peterson, 4516 Barnett Road, said he supports the ordinance. Any type of distracted driving is dangerous. He cited statistics and demographics supporting his stance. He compared texting and driving to blood alcohol levels. He said he would prefer to only ban texting but understands that would make enforcement difficult. He noted that driving is a privilege, not a right and this ordinance is not government overreach. Brian Shaver, 1512 Lamar, shared the company policy of Coca-Cola, which requires use of hands-free equipment for all employees while driving. He said the most visible signs of their company in town is their trucks. Their drivers are not allowed to talk on phones, even hands- free. Tish Beaver, 1601 Southwest Parkway, said TxDOT is available for public education or public outreach. She said the TxDOT agency policy is similar to the draft ordinance. Gaylon Martin, 4100 Weeks Park Lane, said he is a veteran and a Midwestern State University student. He said the proposal is not overreach, it is a reaction. He said he has seen near -accidents and reports of death due to cell phone use while driving. He said enforcement of the law should not be difficult as the actions are generally visible. He said the answer to distracted driving begins with accountability, and this ordinance would make them accountable. Les Aiken, 14 Colonial Drive, said he was hit by a driver two years ago and sustained serious injuries but his family's scars are in excess to what he has endured. He said he appreciates the consideration being given to the ordinance because it is a contentious issue. Chief Borrego said the police department supports the ordinance. It has to do with public safety. He said we don't need one more thing to increase the increasing daily deaths. He added texting and driving is extremely dangerous and needs to be controlled. Mayor Santellana said the council has received many comments about this issue. Motion carried by the following vote: CITY COUNCIL MINUTES February 21, 2017 Page 3 Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 8b — Ordinance #06-2017 9:09:48 AM ORDINANCE 06-2017 Ordinance Making an Appropriation to the Special Revenue Fund for Texas Heart Disease and Stroke Program Community -Clinical Linkages Grant in the Amount of $17,000 Received from the Department of State Health Services and Authorizing the City Manager to Execute Contract Accepting Same Moved by Councilor West that Ordinance No. 06-2017 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 8c — Ordinance #07-2017 9:12:39 AM ORDINANCE 07-2017 Ordinance Making an Appropriation to the Special Revenue Fund for the Women, Infants and Children (WIC) Program in the Amount of $12,000 Received from the Department of State Health Services and Authorizing the City Manager to Execute Contract Accepting Same Moved by Councilor Brown that Ordinance No. 07-2017 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9a — Resolution #20 -2017 9:15:04 AM RESOLUTION NO. 20-2017 Resolution Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Wichita Falls and the Wichita Falls Alliance for Arts and Culture to Oversee Grant Allocations Funded by the City's Hotel Occupancy Tax CITY COUNCIL MINUTES February 21, 2017 Page 4 Moved by Councilor West that Resolution No. 20-2017 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9b — Resolution #21 -2017 9:18:58 AM RESOLUTION NO. 21-2017 Resolution Granting Permission to the Major Francis Grice Chapter, NSDAR to Place a Vietnam War Memorial Sculpture on an Area Planned for a Veterans Plaza at Lake Wichita Moved by Councilor Brown that Resolution No. 21-2017 be passed. Motion seconded by Councilor Hooker. Steve Garner said he is excited about the project and the opportunity to partner with the Daughters of the American Revolution is exciting. The proposed Veterans Memorial Plaza is a great fit for the area. The motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9c — Resolution #22 -2017 9:21:52 AM RESOLUTION NO. 22-2017 Resolution Awarding a Bid for a Six (6) Year Capital Lease Financing Agreement to Signature Public Funding Corporation for Funding the Purchase of Various Fire Apparatus in a Total Amount of $2,849,529.24 Moved by Councilor Hooker that Resolution No. 22-2017 be passed. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None CITY COUNCIL MINUTES February 21, 2017 Page 5 Item 9d — Resolution #23 -2017 9:24:39 AM RESOLUTION NO. 23-2017 Resolution Authorizing Application to the State Homeland Security Grant Program through the Office of the Governor for an Inflatable Tower Project in the Amount of $15,125.00 Moved by Councilor Chenault that Resolution No. 23-2017 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9e — Resolution #24 -2017 9:27:15 AM RESOLUTION NO. 24-2017 Resolution Awarding Bid and Contract for the 2017 Asphalt Street Rehabilitation Project to Oldcastle Materials Texas, Inc. in the Amount of $1,597,516.00 Moved by Councilor Hooker that Resolution No. 24-2017 be passed. Motion seconded by Councilor West and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9f — Resolution #25 -2017 9:29:11 AM RESOLUTION NO. 25-2017 Resolution Awarding Bid and Contract for the Cypress 1987 Water Treatment Plant Filter Control, Filter Valve and Clarifier Weir/Launder Improvements Project to J.S. Haren Company in the Amount of $547,000.00 Moved by Councilor Brown that Resolution No. 25-2017 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None CITY COUNCIL MINUTES February 21, 2017 Page 6 Item 9g — Resolution #26 -2017 9:31:42 AM RESOLUTION NO. 26-2017 Resolution Authorizing the City Manager to Make Application to the Office of the Governor, Homeland Security Grant Program (HSGP) in the Amount of $59,000.00 Moved by Councilor Chenault that Resolution No. 26-2017 be passed. Motion seconded by Councilor Hooker. Beverly Ellis, 1605 Parkdale, asked if this software gave the ability to access the municipal court system to help in identifying mismatched vehicle tags, vehicles, and citizens. Chief Borrego said municipal court typically does not have the information needed. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9h — Resolution #27 -2017 9:41:24 AM RESOLUTION NO. 27-2017 Resolution Authorizing the City Manager to Make Application to the Office of the Governor, Criminal Justice Division for a Justice Assistance Grant (JAG) Program Totaling up to $21,000.00 Moved by Councilor West that Resolution No. 27-2017 be passed. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9i — Resolution #28 -2017 9:43:16 AM RESOLUTION NO. 28-2017 Resolution Reducing the Rental Fee of the Mobile Stage for the Founders Lions Club for the T -O Fair on September 12-16, 2017 CITY COUNCIL MINUTES February 21, 2017 Page 7 Moved by Councilor Hooker that Resolution No. 28-2017 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 9m — Resolution #29 -2017 9:49:08 AM RESOLUTION NO. 29-2017 Resolution Approving the Programs and Expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and Amending the Budget to Include up to $200,000 to Repair the Electrical System at the Former Stanley Tools facility Moved by Councilor Hooker that Resolution No. 29-2017 be passed. Motion seconded by Councilor Chenault. Kevin Pearson told the council that the former Stanley Tools building was donated to the city and the WFEDC is updating and repairing the building for future sale or lease. Last year a squirrel got into the transformer in the building and messed up the electrical system. The entire system is outdated and needs to be repaired. WFEDC has authorized up to $200,000 for repairs. Mr. Pearson noted that costs may be lower, so any remaining funds will be left in the WFEDC funds. If costs exceed $200,000, an additional request will be made. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 10a — Items of Concern to Members of the City Council 10:00:19 AM Members of the City Council presented the following matters: Councilor West asked about the implementation of the hands-free ordinance, particularly those who are driving through the city. City Attorney Kinley Hegglund said there is a requirement that signs be placed at all entrances to the city. Darron Leiker said we will also try to partner with TxDOT to use their LED signs. The ordinance goes into effect in 30 days. Councilor Brown thanked the staff for helping him with issues that have been happening during the past couple of weeks. Councilor Hooker thanked Leadership Wichita Falls for attending the meeting. He also thanked those who spoke regarding the hands-free ordinance. CITY COUNCIL MINUTES February 21, 2017 Page 8 Councilor Chenault welcomes the Leadership class. She said a neighborhood meeting is being held this Saturday. Next week there will be a marker dedication to honor the first African- American student at MSU. Councilor Montez thanked the citizens for their response to the cell phone ordinance. Mayor Santellana thanked the council. He said he did not realize how many responses the council would get regarding the cell phone ordinance. He welcomed the class of 2017 back to future meetings. Item 11 —Appointment to Wichita-Wilbarger 9-1-1 District 10:05:16 AM Moved by Councilor Hooker that Glenn Barham be appointed to serve on the Wichita Wilbarger 9-1-1 District Board, with term to expire May 11, 2019. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, Smith, Montez, and West Nays: None Item 12 — Executive Sessions City Council went into Executive Session at 10:06:13 AM in accordance with Texas Government Code §551.071. City Council reconvened at 11:08:34 AM. Mayor Santellana announced that no polls or votes were taken during Executive Session. Item 13 —Adjourn City Council adjourned at 11:08:41 AM. PASSED AND APPROVED this 7th day of March, 2017. ph! n L. Santellana, Mayor CITY COUNCIL MINUTES February 21, 2017 Page 9 ATTEST: dna, Tracy B. Norr, TR TMMC, City Clerk CITY COUNCIL MINUTES February 21, 2017 Page 10